Regulatory Insights
RLC remains at the forefront of new developments in Canada’s energy sector to ensure we can act effectively on behalf of our clients and their interests.
These articles cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commission (AUC), and the Canada Energy Regulator (CER). Browse our searchable archives below.
Amendments to AUC Rule 022: Rules on Costs in Utility Rates Proceedings and Rule 009: Rules on Local Intervener Costs, AUC Bulletin 2024-02
Link to Decision Summarized Rates – Proceeding Costs The AUC amended Rule 022: Rules on Costs in Utility Rates Proceedings (“Rule 022”), including the scale of costs, which governs the recovery of the costs of participation in rates proceedings before the AUC. The AUC...
AltaLink Management Ltd. 2024-2025 General Tariff Application Negotiated Settlement Agreement, AUC Decision 28174-D01-2024
Link to Decision Summarized Power - Rates Application AltaLink Management Ltd. (“AML”) applied for approval of a negotiated settlement agreement (“NSA”) with respect to its 2024 - 2025 general tariff application (“GTA”). Decision The AUC approved the NSA, as filed,...
Directive 026 Rescinded, AER Bulletin 2024-02
Link to Decision Summarized Oil – Facilities To eliminate duplicative or obsolete requirements, the AER rescinded Directive 026: Setback Requirements for Oil Effluent Pipelines (“Directive 026”), effective immediately. The AER also rescinded the Directive 026 related...
New Edition of Directive 023, AER Bulletin 2024-01
Link to Decision Summarized Oil - Facilities On February 8, 2024, the Alberta Energy Regulator (“AER”) released a new edition of Directive 023: Oil Sands Project Applications (“Directive 023”), effective immediately. Directive 023 replaced the May 2013 draft edition....
London Economics International LLC Module B Study: Overview of Modeling Results and Key Findings Prepared for the Alberta Utilities Commission, AUC Proceeding 28542: AUC Inquiry Into the Ongoing Economic, Orderly and Efficient Development of Electricity Generation in Alberta
Link to Decision Summarized Market Development– Reliability Scope of Study The Government of Alberta directed the AUC to conduct an inquiry regarding the impact of the rising level of renewable energy on the Alberta electricity system, more specifically, the changes...
AUC Consultation on Proposed Rule Development for Emergency Billing Relief, AUC Bulletin 2024-01
Link to Decision Summarized Utility Billing - Rules The Alberta Utilities Commission (“AUC”) initiated a consultation process to incorporate requirements for emergency billing relief into a new rule to provide predictability and transparency for stakeholders. The AUC...
Milner Power Inc. – Complaints regarding the ISO Transmission Loss Factor Rule and Loss Factor Methodology – Phase 2 Module C – Preliminary Issues (AUC Decision 790-D04-2016)
Download ReportLine Loss Factor Methodology – ISO Rules – AESO Complaints On August 17, 2005, Milner Power Inc. ("Milner") first brought a complaint against the AESO under the Electric Utilities Act...
Enmax Energy Corporation v. Alberta Utilities Commission (2016 ABCA 276)
Download ReportEnmax Energy Corporation (“ENMAX”) applied to the ABCA seeking an adjournment to its previous application for permission to appeal AUC Decision 790-D03-2015 (the “Line Loss Module B...
Tseil-Wautuh Nation v National Energy Board (2016 FCA 219)
Download ReportTrans Mountain Pipeline – Duty to Consult – NEBA – CEAA 2012 – Environmental Assessment The Tsleil-Waututh Nation (“TWN”) appealed from three interlocutory decisions of the NEB in the...
AUC Bulletin 2016-16: Transmission Rate Treatments to Recover Electric Transmission Related Investments
Download ReportIn January 2013, the AUC initiated a coordinated process to examine alternative approaches to mitigate or smooth the impact on consumers of rate increases, while still ensuring that...
ATCO Electric Ltd. – 2015-2017 Transmission General Rate Application (AUC Decision 20272-D01-2016)
Download ReportTransmission – General Rate Application – Use of Forecast – Depreciation Parameters ATCO Electric Ltd. (“ATCO”) filed a general rate application with the AUC for the test years 2015,...
AER Bulletin 2016-26: Manual 005: Pipeline Inspection Updated
Download ReportPipelines – Inspection On August 18, 2016, the AER announced the release of a new addition of the AER Manual 005: Pipeline Inspections (Manual 005).Revisions from the previous version...
Orphan Well Assn. v Grant Thornton Ltd. (2016 ABCA 238)
Download ReportIntervener Standing – Doctrine of Federal Paramountcy – Oil and Gas Conservation Act – Pipelines Act – Bankruptcy and Insolvency Act – Licensee The Canadian Association of Petroleum...
Direct Energy Regulated Services – 2015 Late Payment Penalty Charge Settlement Agreement (AUC Decision 20732-D01-2016)
Download ReportRates –Recovery of Costs – Late Payment Penalty Class Action Defence Costs – Prudent/Reasonable Costs Following six years of litigation, Direct Energy Regulated Services (“DERS”)...
TransCanada PipeLines Limited – Vaughan Mainline Expansion Project Approval (NEB Decision GH-001-2016)
Download ReportPipelines – TransCanada – Aboriginal Engagement Process On November 10, 2015, TransCanada Pipelines Limited (“TCPL”) applied to the National Energy Board (“NEB”) for approval to...
ENMAX Power Corporation 2015-2017 Electricity Distribution Performance-Based Regulation Plan – Negotiated Settlement Agreement and Interim X Factor (AUC Decision 21149-D01-2016)
Negotiated Settlement – Rule 018 - Performance Based Regulation – Electricity DistributionOn December 18, 2015, ENMAX Power Corporation (“EPC”) filed an application with the AUC for approval of a...
AER Bulletin 2016-25: Second 2016/17 Orphan Fund Levy
Download ReportBulletin – Orphan Well Association – Orphan Well Levy In accordance with Part 11 of the Oil and Gas Conservation Act, the AER announced that it prescribed, by regulation, an orphan...
AltaLink Management Ltd. – South and West of Edmonton Area Transmission Development Cooking Lake, Saunders Lake, Wabamun and Leduc Developments (AUC Decision 20987-D01-2016)
Download ReportTransmission – Facilities Application – Property Value Impacts AltaLink Management Ltd. (“AltaLink”) applied to the AUC for approval to develop five transmission projects (the...
AER Decision on O’Chiese First Nation Application for Advance Funds – Shell Canada Limited Rocky 7 Pipeline Project
Download ReportPipelines –Advance Funds – O’Chiese First Nation On June 30, 2016, the O’Chiese First Nation (the “OCFN”) filed an application with the AER for $572,650 in advance funds.In its...
AER Denies Request for Regulatory Appeal by Samson Cree Nations
Download ReportRegulatory Appeal – Water Act – Aboriginal Rights Samson Cree Nation (“Samson Cree”) filed five regulatory appeal requests. Each request related to approvals issued by the AER to...
AER Bulletin 2016-24: Issuance of Directive 085: Fluid Tailings management for Oil Sands Mining Project
Download ReportBulletin –Tailings Management –Directive 085 – Directive 074 The AER announced the release of Directive 085: Fluid Tailings Management for Oil Sands Mining Projects (“Directive 085”)....
AER Bulletin 2016-21: Revision and Clarification on AER’s Measures to Limit Environmental Impacts Pending Regulatory Changes to Address the Redwater Decision
Download ReportBulletin – Liability Management Rating – Insolvency – Licensee Obligations In response to Redwater Energy Corporation (Re), 2016 ABQB 278 (the “Redwater Decision”) (discussed above),...
AER Bulletin 2016-20: Fort McMurray Wildfire – AER Recovery Phase Complete
Download ReportBulletin – Fort McMurray Wildfires On July 7, 2016 the AER announced that it had transitioned back to normal regulatory operating procedures following a period of actively monitoring...
ATCO Electric Transmission and ATCO Pipelines Application for ATCO Electric Transmission 2015-2017 and ATCO Pipelines 2015-2016 Licence Fees (AUC Decision 21029-D01-2016)
Download ReportRates – Licence Fees – Tax ATCO Electric Transmission, ATCO Electric Ltd, and ATCO Pipelines, a division of ATCO Gas and Pipelines Ltd. (collectively, “ATCO”), pursuant to a direction...
AER Bulletin 2016-19: Reducing Failures of High-Level Shutdown Systems
Download ReportBulletin – Facilities – Checklist In this bulletin, the AER announced, in an attempt to reduce the number of failures of high-level shutdown systems (“HLSS”) at oil and gas production...
ATCO Gas and Pipelines Ltd., CU Inc. and Canadian Utilities Limited Disposition of the Calgary Service Centre (AUC Decision 21321-D01-2016)
Download ReportDisposition – Rates ATCO Gas and Pipelines Ltd., CU Inc. and Canadian Utilities Limited (collectively, “ATCO”) applied for approval to sell their Calgary Service Centre (“CSC”)...
AltaGas Utilities Inc. and AltaGas Utility Holdings Inc. 2016 Debenture and Common Shares Issue Application (AUC Decision 21578-D01-2016)
Download ReportDebenture – Common Shares AltaGas Utilities Inc. (“AUI”) and AltaGas Utility Holdings Inc. (“AUHI”) applied for approval for the issuance of debentures and common shares pursuant to...
City of Lethbridge 2015-2017 Transmission Facility Owner General Tariff Application (AUC Decision 21213-D01-2016)
Download ReportRates – Tariff The City of Lethbridge (“Lethbridge”) filed its general tariff application (“GTA”) for approval with the AUC. Lethbridge requested approval of the following as part of...
Gitxaala Nation v Canada, 2016 FCA 187
Download ReportDuty to Consult – Order in Council – Facilities – Pipeline The Federal Court of Appeal (“FCA”) received nine applications for judicial review of Order in Council (“OIC”) P.C....
ATCO Gas and Pipelines Ltd. 2016 Weather Deferral Account (Rider W) Application (AUC Decision 21584-D01-2016)
Download ReportRates – Deferral Account ATCO Gas and Pipelines Ltd. (“ATCO”) applied for approval of the collection of ATCO Gas North and ATCO Gas South’s weather deferral account (“WDA”), also...